[Federal Register Volume 72, Number 86 (Friday, May 4, 2007)]
[Proposed Rules]
[Pages 25207-25214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7943]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 1 and 33
[Docket No. FAA-2007-27899; Notice No. 07-05]
RIN 2120-AI96
Airworthiness Standards: Rotorcraft Turbine Engines One-Engine-
Inoperative (OEI) Ratings, Type Certification Standards
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The Federal Aviation Administration (FAA) is proposing to
amend OEI rating definitions and type certification standards for 30-
second OEI, 2-minute OEI, and 30-minute OEI ratings for rotorcraft
turbine engines. This proposed rule, if adopted, would revise the
ratings' standards to reflect recent analyses of the ratings' usage and
lessons learned from completed engine
[[Page 25208]]
certifications and service experience. This proposal harmonizes FAA
type certification standards for these ratings with the requirements of
the European Aviation Safety Agency in the Certification Specifications
for Engines (CS-E) and with proposed requirements for Transport Canada
Civil Aviation. If adopted, the proposed changes would establish nearly
uniform certification standards for ratings for rotorcraft turbine
engines certificated in the United States under part 33 and in European
countries under CS-E, thus simplifying airworthiness approvals for
import and export.
DATES: Send your comments on or before August 2, 2007.
ADDRESSES: You may send comments, identified by Docket No. FAA-2007-
27899, using any of the following methods:
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
Fax: 1-202-493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For more information on the rulemaking process, see the
SUPPLEMENTARY INFORMATION section of this document.
Privacy: We will post all comments we receive, without change, to
http://dms.dot.gov, including any personal information that you
provide. For more information, see the Privacy Act discussion in the
SUPPLEMENTARY INFORMATION section of this document.
Docket: To read background documents or comments received, go to
http://dms.dot.gov at any time or to Room PL-401 on the plaza level of
the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dorina Mihail, Engine and Propeller
Standards Staff, ANE-110, Engine and Propeller Directorate, Aircraft
Certification Service, FAA, New England Region, 12 New England
Executive Park, Burlington, Massachusetts 01803-5229; (781) 238-7153;
facsimile: (781) 238-7199; e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. We also
invite comments relating to the economic, environmental, energy, or
federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. We ask that you send us two copies of written
comments.
We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. The docket is available for public
inspection before and after the comment closing date. If you wish to
review the docket in person, go to the address in the ADDRESSES section
of this preamble between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. You may also review the docket using the
Internet at the Web address in the ADDRESSES section.
Privacy Act: Using the search function of our docket Web site,
anyone can find and read the comments received into any of our dockets,
including the name of the individual sending the comment (or signing
the comment on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78) or you may visit
http://dms.dot.gov.
Before acting on this proposal, we will consider all comments we
receive on or before the closing date for comments. We will consider
comments filed late if it is possible to do so without incurring
expense or delay. We may change this proposal in light of the comments
we receive.
If you want the FAA to acknowledge receipt of your comments on this
proposal, include with your comments a pre-addressed, stamped postcard
on which the docket number appears. We will stamp the date on the
postcard and mail it to you.
Availability of Rulemaking Documents
You can get an electronic copy using the Internet by:
1. Searching the Department of Transportation's electronic Docket
Management System (DMS) Web page (http://dms.dot.gov/search):
2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/; or
3. Accessing the Government Printing Office's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html.
You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the docket number, notice number, or amendment number
of this rulemaking.
Background
The One-Engine-Inoperative (OEI) rating powers provide rotorcraft
with higher than takeoff and maximum continuous rating powers during
takeoff, cruise, and landing when one or more engines of a multi-engine
rotorcraft fails or is shutdown. These OEI rating powers enable the
rotorcraft to continue safe flight until it reaches a suitable landing
site. Part 33 prescribes airworthiness standards for 30-second OEI, 2-
minute OEI, 2\1/2\-minute OEI, 30-minute OEI, and other OEI ratings for
the issuance of type certificates for rotorcraft turbine engines. All
OEI ratings are optional ratings that engine manufacturers may select
from those specified in Sec. 33.7.
The Certifications Specifications--Engines prescribe corresponding
airworthiness standards of the European Aviation Safety Agency for
these ratings. While these standards are similar, they differ in
certain regulations. Non-uniform standards impose a regulatory hardship
on applicants seeking certification under both sets of standards in the
form of additional costs and delays in the time required for
certification.
The FAA is committed to promoting harmonization. As part of this
commitment, the FAA, with the European Joint Aviation Authorities (JAA)
and Transport Canada Civil Aviation, developed a harmonized Terms of
Reference for ``2-Minute and 30-Second One-Engine-Out Ratings'' in
April 1992. The Terms of Reference established a joint effort to review
and harmonize the requirements and interpretations for OEI ratings
under part 33 and the corresponding Joint Aviation Requirements--
Engines (JAR-E). The Aviation Rulemaking Advisory Committee (ARAC)
assigned the task of harmonizing the differing OEI ratings to its
Engine Harmonization Working Group, which consisted of representatives
from the FAA, JAA, TC,
[[Page 25209]]
as well as from U.S., Canadian, and European industries.
On February 29, 2000, the Engine Harmonization Working Group
reported its recommendations to the ARAC, which recommended that the
FAA proceed with rulemaking. This NPRM reflects the ARAC
recommendations.
Section-by-Section Discussion of the Proposals
The working group developed and agreed to the following proposals.
The proposed changes to parts 1 and 33 contain language similar to that
proposed for JAR-E, and subsequently adopted in the CS-E, thereby
establishing equivalency and creating consistency between the
regulations.
Section 1.1 Definitions
The current definitions of rated OEI powers refer to engine failure
but not to engine shutdown. We are proposing, therefore, to revise the
definition of rated 30-second OEI, rated 2-minute OEI, rated 2\1/2\-
minute OEI, rated 30-minute OEI, and rated continuous OEI powers to
include engine shutdown. In addition, to be consistent with the usage
definitions of 30-second OEI and 2-minute OEI ratings, we are proposing
to revise the ``period of use'' for the 2\1/2\-minute OEI rating from
``a period of use'' to ``periods of use.''
Section 33.5 Instruction Manual for Installing and Operating the Engine
We are proposing to add a new Sec. 33.5(b)(4), applicable to
rotorcraft engines having one or more OEI ratings, which would require
applicants to provide engine data to aircraft manufacturers in support
of aircraft power availability requirements, such as those specified in
Sec. Sec. 27.45(f) and 29.45(f). Since the power assurance data will
not include a check of the highest OEI rating power level due to
potential rapid engine hardware deterioration, the applicant must
provide the necessary engine performance characteristics and
variability to the engine installer. This data will enable the
installer to establish power assurance procedures that enable the
extrapolation of data to the highest OEI rating power. The engine
database should include: a thermodynamic model; data gained from
experience during development and certification testing; and data
derived from service experience from engines of similar design,
whenever applicable.
Section 33.29 Instrument Connection
We are proposing to revise Sec. 33.29(c) to specify that the
applicant must provide a means or a provision for a means to record the
entry into the defined 30-second OEI and 2-minute OEI rating power
bands. The applicant, for example, an engine manufacturer, may satisfy
``a means'' by providing a recorder to record entry into the OEI power
bands. Alternatively, the applicant may fulfill ``a provision for a
means'' by specifying that the installer provide a recorder to record
entry into the OEI power bands.
The revised proposal would also require a means to indicate to the
pilot the entry into the power bands, the corresponding impending time
expiration, and the time expiration point. The automatic recording
system must record the number of usages of 30-second OEI and/or 2-
minute OEI rating powers and the time of each usage, or accumulated
time, including any exceedance of 30-second OEI and 2-minute OEI
operating limitations or relevant time limitations.
The automatic recording system should also provide a means to alert
the maintenance personnel that the usage and/or exceedance of the 30-
second and 2-minute OEI ratings has taken place. The required means for
alerting the pilot, maintenance personnel, and the automatic recording
system must not be capable of being reset in flight and must only be
reset by maintenance personnel after retrieval of recorded data.
The proposal would delete the redundant design requirements of
Sec. 33.29(c)(2). The automatic data recording requirements of the
existing Sec. 33.29(c)(3), with a minor wording change for
clarification, will become the new Sec. 33.29(c)(2).
This proposal would add a new requirement designated as new Sec.
33.29(c)(3) to alert maintenance personnel when the engines have been
operated at the rating powers and of the need to retrieve the recorded
engine data. A new Sec. 33.29(c)(4) would specify the requirements for
verification of the proper operation of indicating, recording, and
retrieval systems. In addition, a new Sec. 33.29(d) would specify
resetting the recording on the ground only.
Section 33.67 Fuel System
The operating conditions requiring the use of 30-second OEI ratings
may require the pilot to perform simultaneous actions to maintain safe
flight. Therefore, an automatic means that does not require pilot input
or control, other than a termination command, must apply and control
the rating power. This automatic control requirement is intended to
avoid the need for the pilot to monitor engine parameters, such as
output shaft torque or power, output shaft speed, gas producer speed,
and gas path temperature, during the OEI operation. Once the system is
activated, it automatically controls the 30-second OEI power and
prevents the engine from exceeding its specified operating limits.
We are proposing to revise Sec. 33.67(d) to clarify that the
intent of the proposed ``automatic control'' is to control the engine
operating conditions, which should not exceed the engine's operating
limits. The applicant's design, however, should not limit the time at
which OEI power is used. This will enable the pilot to exceed OEI time
limitations to safely land the rotorcraft in an in-flight emergency as
permitted by Sec. 91.3(b).
Section 33.87 Endurance Test
For rotorcraft engines having 30-second and 2-minute OEI ratings,
the applicant must consider all applicable paragraphs of Sec. 33.87(a)
in running the tests under Sec. 33.87(f). However, to reduce test
complexity, and to improve the flexibility needed to attain the key
parameters (speed, temperature and torque) during the tests, we are
proposing to allow that the maximum air bleed for engine and aircraft
services under Sec. 33.87(a)(5) need not be used for the tests under
Sec. 33.87(f)(1) through (f)(8) if the applicant can show by testing,
or analysis based on testing, that the validity of the endurance test
is preserved. The analysis should include, but is not limited to (1)
The effect of the bleed air extraction on the engine secondary air
system that provides cooling air to various engine components, and (2)
the thermodynamic cycle effects of bleed (e.g., core speed to output
shaft speed changes) which may enhance the engine's ability to meet the
teardown inspection requirements of Sec. 33.93(b)(2).
This proposal would allow the applicant to run the tests under
Sec. Sec. 33.87(f)(1) through (f)(8) without loading the accessory
drives and mounting attachments if the applicant can substantiate that
the durability of any accessory drive or engine component is not
significantly affected. However, to meet the requirements of Sec.
33.87(a)(6) without the power turbine accessory drives loaded during
the test, the applicant must add equivalent power required for loading
these accessory drives. This power must be added to the output drive
shaft so that the power turbine rotor assembly is operated at or above
the levels as when the power turbine accessory drives are loaded.
This proposal would clarify the intent of the test schedule for the
first test sequence of the existing Sec. 33.87(f)(4) test
[[Page 25210]]
by adding a new sentence, ``However, where the greatest is the 30-
minute OEI power, that sixty-five minute period shall consist of 30
minutes at 30-minute OEI power followed by 35 minutes at whichever is
the greater of continuous OEI power or maximum continuous power.'' The
proposal would also clarify the idle condition of Sec. 33.87(f)(8) as
flight idle.
This proposal would specify that the four test sequences of the 2-
hour test under Sec. 33.87(f) are to be run continuously without
stoppage. If a stop occurs, the applicant typically would need to
repeat the interrupted sequence in full. However, the sequence may be
re-started from the interrupt point if there are technical
justifications acceptable to the FAA. If the FAA determines that the
sequence need not be repeated in its entirety, then the test should be
re-started from a point where the engine thermal condition would be the
same as at the time of interruption. If an excessive number of
interruptions occur, the applicant would be required to repeat the
entire Sec. 33.87(f) test.
Additionally, we are proposing to revise the test schedule under
Sec. 33.87(c) for the 30-minute OEI rating to agree with the schedule
in CS-E. The result would be the harmonization of the endurance test
schedule for engines having a 30-minute OEI rating. The proposal would
replace the existing Sec. 33.87(c)(2) with a thirty-minute test at (a)
Rated maximum continuous power during fifteen of the twenty-five 6-hour
endurance test cycles; and (b) rated takeoff power during ten of the
twenty-five 6-hour endurance test cycles. The existing Sec.
33.87(c)(2) would be redesignated Sec. 33.87(c)(4). The duration of
the test in the existing Sec. 33.87(c)(3) would be reduced from 2
hours to 1 hour. The existing Sec. 33.87(c)(4) would be redesignated
as Sec. 33.87(c)(5) with the number of time and speed increments
increased from 12 to 15, and with total running time increased from 2
hours to 2 hours and 30 minutes. The existing Sec. 33.87(c)(5) and
(c)(6) would be redesignated as Sec. 33.87(c)(6) and (c)(7),
respectively.
Section 33.88 Engine Overtemperature Test
We are proposing to delete the existing Sec. 33.88(b), which
refers to obtaining OEI ratings when the engine does not incorporate a
means to limit gas temperature. This paragraph is not needed because
the new Sec. 33.67(d) requires automatic control of the 30-second OEI
power within its gas temperature limit. The proposal would incorporate
the existing test requirements in Sec. 33.88(c) into the new Sec.
33.88(b), which applies only to engines having the combined 30-second
OEI and 2-minute OEI ratings. We are proposing to revise Sec. 33.88(a)
to apply to all other ratings, including all OEI ratings other than the
combination specified above, regardless of whether the engine is
equipped with an automatic temperature control.
Section 33.93 Teardown Inspection
In meeting the teardown inspection requirements after the 2-hour
endurance tests of Sec. 33.87(f), the applicant would be required to
show that no failure of any significant engine component becomes
evident during the test, shutdown, or the subsequent teardown
inspection. For components that are distressed beyond serviceable
limits by this test, the applicant must show that the inspections and
mandatory maintenance actions for these components, specified in the
Instructions for Continued Airworthiness (ICA), are adequate for
maintaining their continued airworthiness.
Additionally, the applicant would need to evaluate component
condition against a minimum hardware condition that can be expected for
in-service engines. For the purpose of Sec. 33.93(b)(2), engine parts
that can affect structural integrity include, but are not limited to,
mounts, cases, bearing supports, shafts, and rotors. We are proposing
to remove the reference in Sec. 33.93(b)(2) to the above mentioned
components to emphasize that after the test the applicant needs to
consider deterioration of any engine component that could affect the
structural integrity of the engine, not just those listed above.
Appendix A33.4 Airworthiness Limitation Section
We are proposing to revise A33.4, Airworthiness Limitations Section
(ALS), by adding a new paragraph for rotorcraft engines having 30-
second OEI and 2-minute OEI ratings. For these engines, we will require
the applicant to prescribe mandatory post-flight inspection and
maintenance actions in the ALS of the ICA following the use of these
ratings. We will also require the applicant to create a mandatory in-
service engine evaluation program to ensure the continued adequacy of
the airworthiness instructions for the engines.
The concept of the 30-second OEI and 2-minute OEI ratings is that
of limited use in service followed by mandatory inspection and
maintenance. This concept assumes that some engine parts or components
may not be suitable for further use and will need to be replaced after
the application of these ratings. The mandatory inspections and
maintenance actions following the use of 30-second OEI, or 2-minute OEI
ratings, must be capable of (1) Identifying and correcting any
component distress that could significantly reduce subsequent engine
reliability or prevent the engine from achieving 30-second OEI and 2-
minute OEI rating powers; and (2) maintaining the engine in condition
for safe OEI flight. This proposal requires the applicant to prescribe
the mandatory post-flight inspection and maintenance actions in the ALS
of the ICA following the use of either of these two ratings, prior to
next flight, regardless of the frequency of usage and the condition of
the engine. The applicant must validate the adequacy of the required
inspections and maintenance actions.
The required inspections and maintenance actions are normally
determined through certification testing supplemented by development
testing and service experience of engines of the same type with similar
design at the time of certification. Differences, however, may exist in
hardware conditions and power availability characteristics between in-
service engines and the conditions and characteristics of the engine
prior to the Sec. 33.87(f) tests. Similarly, differences may exist in
power assurance characteristics for in-service engines after usage of
30-second or 2-minute OEI ratings and the characteristics observed
following the Sec. 33.87(f) tests.
Therefore, we are proposing an in-service evaluation program in the
ALS to obtain relevant data concerning the condition of hardware and
power availability at various stages in the life of the engine. The
data should be compared with corresponding data observed during
certification that defined the post-flight inspection and maintenance
actions. If the data obtained from the in-service program indicates
that the in-service differences are not properly accounted for, then
this data should be used to modify the instructions as appropriate. To
achieve the objectives of the program, the engine manufacturer must
ensure that operators understand and are aware of the need for the
procedures to properly collect and return information needed by the
manufacturer.
Rulemaking Analyses and Notices
Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. Subtitle I, Section
[[Page 25211]]
106 describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
Requirements.'' Under that section, the FAA is charged with prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce, including minimum safety
standards for aircraft engines. This regulation is within the scope of
that authority because it updates the existing regulations for
rotorcraft engine OEI ratings.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. We have determined there are
no new information collection requirements associated with this
proposed rule.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA
determined there are no ICAO Standards and Recommended Practices that
correspond to these proposed regulations.
Executive Order 12866 and DOT Regulatory Policies and Procedures
Executive Order 12866, ``Regulatory Planning and Review,'' dated
September 30, 1993 (58 FR 51736) directs the FAA to assess both the
costs and the benefits of a regulatory change. We are not allowed to
propose or adopt a regulation unless we make a reasoned determination
that the benefits of the intended regulation justify the costs. Our
assessment of this rulemaking indicates that its economic impact is
minimal because U.S. turbine rotorcraft manufacturers are already
manufacturing rotorcraft turbine engines according to European
requirements that are equivalent to these proposed requirements.
Because the costs and benefits of this action do not make it a
``significant regulatory action'' as defined in the Order, we have not
prepared a ``regulatory evaluation,'' which is the written cost/benefit
analysis ordinarily required for all rulemaking under the DOT
Regulatory Policies and Procedures. We do not need to do a full
evaluation where the economic impact of a rule is minimal.
Economic Evaluation, Regulatory Flexibility Determination, Trade Impact
Assessment, and Unfunded Mandates Assessment
Proposed changes to Federal regulations must undergo several
economic analyses. First, Executive Order 12866 directs that each
Federal agency propose or adopt a regulation only upon a determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. In developing U.S.
standards, this Trade Act also requires agencies to consider
international standards and, where appropriate, use them as the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate likely to result in the expenditure by State,
local, or tribal governments, in the aggregate, or by private sector,
of $100 million or more annually (adjusted for inflation with base year
of 1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this proposed rule.
Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this proposed rule. The
reasoning for this determination follows.
This proposed rule harmonizes FAA airworthiness standards for the
30-second and 2-minute OEI ratings with similar requirements already
adopted by EASA and being processed by Transport Canada. Because the
OEI ratings are optional, manufacturers will provide this capability
only if they expect to recover any additional costs in the marketplace.
The FAA estimates that this rule would affect 8 engine models,
approximately 100 helicopters, and that there would be approximately 3
OEI events per year. The total estimated cost of the proposed rule over
20 years is approximately $619,000 in present value cost (in 2005
dollars). These optional costs would only be incurred if the
manufacturer believes the enhanced capability benefits exceed the
costs. The FAA has not attempted to quantify the cost savings that may
accrue due to harmonization of this rule, beyond noting that they
contribute to a large potential harmonization savings. Safety after an
engine failure or shutdown under this rule would be at least equivalent
to operational safety under the previous regulations.
The FAA finds that the expected outcome of the proposed rule would
have a minimal impact with positive net benefits, and, therefore, we
did not prepare a full regulatory evaluation. The FAA requests comments
with supporting justification about our determination of minimal
impact. The FAA has, therefore, determined that this proposed rule is
not a ``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980 (Pub. L. 96-354)
directs the FAA to fit regulatory requirements to the scale of the
businesses, organizations, and governmental jurisdictions subject to
the regulation. We are required to determine whether a proposed or
final action will have a ``significant economic impact on a substantial
number of small entities'' as they are defined in the Act. If we find
the action will have a significant impact, we must do a ``regulatory
flexibility analysis.''
However, if an agency determines that a proposed rule is not
expected to have a significant economic impact on a substantial number
of small entities, section 605(b) of the RFA provides that the head of
the agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
All U.S. multi-turbine engine rotorcraft manufacturers exceed the
Small Business Administration small-entity criteria of 1,500 employees
for aircraft manufacturers. Currently manufactured U.S. twin-turbine
engine rotorcraft type certificate holders include: Bell Helicopter
Textron, Sikorsky Aircraft Corporation, and MD Helicopters, Inc. In
addition, all of the U.S. rotorcraft engine manufacturers exceed the
Small Business
[[Page 25212]]
Administration small-entity criteria of 1,000 employees for aircraft
engine manufacturers. There are four U.S. engine manufacturers that
produce turbine engines for rotorcraft: (1) General Electric, GE
Transportation, (2) Rolls-Royce Allison, Allison Engines, Inc., (3)
Light Helicopter Turbine Engine Company (a partnership of Rolls-Royce
and Honeywell), and (4) Honeywell International, Inc. Given that there
are no small-entity manufacturers of twin-engine rotorcraft or of
rotorcraft engines and the rule would impose only minimal costs, the
FAA certifies that this proposed rule would not have a significant
economic impact on a substantial number of small entities. The FAA
invites comments regarding this determination.
International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Legitimate domestic objectives, such as safety, are
not considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. The FAA has assessed the
potential effect of this rulemaking and has determined that it uses the
European international standards as the regulation basis and is in
accord with the Trade Agreements Act.
Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in a $100 million or more expenditure
(adjusted annually for inflation with the base year 1995) in any one
year by State, local, and tribal governments, in the aggregate, or by
the private sector; such a mandate is deemed to be a ``significant
regulatory action.'' The FAA currently uses an inflation-adjusted value
of $128.1 million in lieu of $100 million.
This proposed rule does not contain such a mandate. The
requirements of Title II of the Act, therefore, do not apply.
Executive Order 13132, Federalism
The FAA analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. We have determined that
this action would not have a substantial direct effect on the States,
on the relationship between the national Government and the States, or
on the distribution of power and responsibilities among the various
levels of government, and therefore would not have federalism
implications.
Environmental Analysis
FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this proposed rulemaking action qualifies for the
categorical exclusion identified in Chapter 3, paragraph 312d, and
involves no extraordinary circumstances.
Regulations That Significantly Affect Energy Supply, Distribution, or
Use
The FAA analyzed this NPRM under Executive Order 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We determined that it is not a
``significant energy action'' under the executive order because it is
not a ``significant regulatory action'' under Executive Order 12866,
and it is not likely to have a significant adverse effect on the
supply, distribution, or use of energy.
List of Subjects
14 CFR Part 1
Air transportation, Aircraft, Aviation safety, Engines,
Helicopters, Ratings, Rotorcraft, Safety.
14 CFR Part 33
Air transportation, Aircraft, Aviation safety, Engines, Ratings,
Rotorcraft, Safety.
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend parts 1 and 33 of Title 14, Code of
Federal Regulations as follows:
PART 1--DEFINITIONS AND ABBREVIATIONS
1. The authority citation for part 1 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
2. Amend Sec. 1.1 by revising the definitions for ``Rated 30-
second OEI power,'' ``Rated 2-minute OEI power,'' ``Rated continuous
OEI power,'' ``Rated 30-minute OEI power,'' and ``Rated 2\1/2\-minute
OEI power,'' to read as follows:
Sec. 1.1 General definitions.
* * * * *
Rated 30-second OEI Power, with respect to rotorcraft turbine
engines, means the approved brake horsepower developed under static
conditions at specified altitudes and temperatures within the operating
limitations established for the engine under Part 33 of this chapter,
for continuation of one flight operation after the failure or shutdown
of one engine in multiengine rotorcraft, for up to three periods of use
no longer than 30 seconds each in any one flight, and followed by
mandatory inspection and prescribed maintenance action.
Rated 2-minute OEI Power, with respect to rotorcraft turbine
engines, means the approved brake horsepower developed under static
conditions at specified altitudes and temperatures within the operating
limitations established for the engine under Part 33 of this chapter,
for continuation of one flight operation after the failure or shutdown
of one engine in multiengine rotorcraft, for up to three periods of use
no longer than 2 minutes each in any one flight, and followed by
mandatory inspection and prescribed maintenance action.
Rated continuous OEI power, with respect to rotorcraft turbine
engines, means the approved brake horsepower developed under static
conditions at specified altitudes and temperatures within the operating
limitations established for the engine under Part 33 of this chapter,
and limited in use to the time required to complete the flight after
the failure or shutdown of one engine of a multiengine rotorcraft.
* * * * *
Rated 30-minute OEI power, with respect to rotorcraft turbine
engines, means the approved brake horsepower developed under static
conditions at specified altitudes and temperatures within the operating
limitations established for the engine under Part 33 of this chapter,
and limited in use to one period of use no longer than 30 minutes after
the failure or shutdown of one engine of a multiengine rotorcraft.
Rated 2\1/2\-minute OEI power, with respect to rotorcraft turbine
engines, means the approved brake horsepower developed under static
conditions at specified altitudes and temperatures within the operating
limitations established for the engine under Part 33 of this chapter
for periods of use no longer than 2\1/2\ minutes each after the failure
or shutdown of one engine of a multiengine rotorcraft.
* * * * *
[[Page 25213]]
PART 33--AIRWORTHINESS STANDARDS: AIRCRAFT ENGINES
3. The authority citation for part 33 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44704.
4. Amend Sec. 33.5 to add a new paragraph (b)(4) to read as
follows:
Sec. 33.5 Instruction manual for installing and operating the engine.
* * * * *
(b) * * *
(4) For rotorcraft engines having one or more OEI ratings,
applicants must provide data on engine performance characteristics and
variability to enable the aircraft manufacturer to establish aircraft
power assurance procedures.
5. Amend Sec. 33.29 by revising paragraph (c) and adding paragraph
(d) to read as follows:
Sec. 33.29 Instrument connection.
* * * * *
(c) Each rotorcraft turbine engine having a 30-second OEI rating
and a 2-minute OEI rating must have a means or a provision for a means
to:
(1) Alert the pilot when the engine is at the 30-second OEI and the
2-minute OEI power levels, when the event begins, and when the time
interval expires;
(2) Automatically record each usage and duration of power at the
30-second OEI and 2-minute OEI levels;
(3) Alert maintenance personnel in a positive manner that the
engine has been operated at either or both of the 30-second and 2-
minute OEI power levels, and permit retrieval of the recorded data; and
(4) Enable routine verification of the proper operation of the
above means.
(d) The means, or the provision for a means, of paragraph (c) of
this section must not be capable of being reset in flight.
6. Revise Sec. 33.67(d) to read as follows:
Sec. 33.67 Fuel system.
* * * * *
(d) Rotorcraft engines having a 30-second OEI rating must
incorporate a means, or a provision for a means, for automatic
availability and automatic control of the 30-second OEI power within
its operating limitations.
7. Amend Sec. 33.87 by redesignating paragraphs (c)(2), (c)(4),
(c)(5), and (c)(6) as paragraphs (c)(4), (c)(5), (c)(6), and (c)(7)
respectively, by adding new paragraph (c)(2), and by revising
paragraphs (a)(5), (a)(6), (c)(3), newly redesignated paragraphs (c)(4)
through (c)(7), (f) introductory text, (f)(4) and (f)(8) to read as
follows:
Sec. 33.87 Endurance test.
(a) * * *
(5) Maximum air bleed for engine and aircraft services must be used
during at least one-fifth of the runs, except for the final 120-minute
test required under paragraph (f) of this section, provided the
validity of the test is not compromised. However, for these runs, the
power or thrust or the rotor shaft rotational speed may be less than
100 percent of the value associated with the particular operation being
tested if the FAA finds that the validity of the endurance test is not
compromised.
(6) Each accessory drive and mounting attachment must be loaded in
accordance with paragraphs (a)(6)(i) and (ii) of this section, except
as permitted by paragraph (a)(6)(iii) of this section for the final
120-minute test required under paragraph (f) of this section.
(i) The load imposed by each accessory used only for aircraft
service must be the limit load specified by the applicant for the
engine drive and attachment point during rated maximum continuous power
or thrust and higher output.
(ii) The endurance test of any accessory drive and mounting
attachment under load may be accomplished on a separate rig if the
validity of the test is confirmed by an approved analysis.
(iii) The applicant is not required to load the accessory drives
and mounting attachments when running the tests under paragraphs (f)(1)
through (f)(8) of this section if the applicant can substantiate that
there is no significant effect on the durability of any accessory drive
or engine component. However, the applicant must add the equivalent
engine output power extraction from the power turbine rotor assembly to
the engine shaft output.
* * * * *
(c) * * *
(2) Rated maximum continuous and takeoff power. Thirty minutes at--
(i) Rated maximum continuous power during fifteen of the twenty-
five 6-hour endurance test cycles; and
(ii) Rated takeoff power during ten of the twenty-five 6-hour
endurance test cycles.
(3) Rated maximum continuous power. One hour at rated maximum
continuous power.
(4) Rated 30-minute OEI power. Thirty minutes at rated 30-minute
OEI power.
(5) Incremental cruise power. Two hours and 30 minutes at the
successive power lever positions corresponding with not less than 15
approximately equal speed and time increments between maximum
continuous engine rotational speed and ground or minimum idle
rotational speed. For engines operating at constant speed, power may be
varied in place of speed. If there are significant peak vibrations
anywhere between ground idle and maximum continuous conditions, the
number of increments chosen must be changed to increase the amount of
running conducted while subject to peak vibrations up to not more than
50 percent of the total time spent in incremental running.
(6) Acceleration and deceleration runs. Thirty minutes of
accelerations and decelerations, consisting of six cycles from idling
power to rated takeoff power and maintained at the takeoff power lever
position for 30 seconds and at the idling power lever position for
approximately 4\1/2\ minutes. In complying with this paragraph, the
power control lever must be moved from one extreme position to the
other in not more than one second. If, however, different regimes of
control operations are incorporated that necessitate scheduling of the
power control lever motion from one extreme position to the other, then
a longer period of time is acceptable, but not more than 2 seconds.
(7) Starts. One hundred starts, of which 25 starts must be preceded
by at least a two-hour engine shutdown. There must be at least 10 false
engine starts, pausing for the applicant's specified minimum fuel
drainage time, before attempting a normal start. There must be at least
10 normal restarts not more than 15 minutes after engine shutdown. The
remaining starts may be made after completing the 150 hours of
endurance testing.
* * * * *
(f) Rotorcraft Engines for which 30-second OEI and 2-minute OEI
ratings are desired. For each rotorcraft engine for which 30-second OEI
and 2-minute OEI power ratings are desired, and following completion of
the tests under paragraphs (b), (c), (d), or (e) of this section, the
applicant may disassemble the tested engine to the extent necessary to
show compliance with the requirements of Sec. 33.93(a). The tested
engine must then be reassembled using the same parts used during the
test runs of paragraphs (b), (c), (d), or (e) of this section, except
those parts described as consumables in the Instructions for Continued
Airworthiness. Additionally, the tests required in paragraphs (f)(1)
through (f)(7) of this section must be run continuously. If a stop
occurs during these tests, the interrupted sequence must be repeated
unless the applicant shows that the severity of the test would
[[Page 25214]]
not be reduced if it were continued. The applicant must conduct the
following test sequence four times, for a total time of not less than
120 minutes:
* * * * *
(4) 30-minute OEI power, continuous OEI power, or maximum
continuous power. Five minutes at whichever is the greatest of rated
30-minute OEI power, rated continuous OEI power, or rated maximum
continuous power, except that, during the first test sequence, this
period shall be 65 minutes. However, where the greatest rating power is
30-minute OEI power, that sixty-five minute period shall consist of 30
minutes at 30-minute OEI power followed by 35 minutes at whichever is
the greater of continuous OEI power or maximum continuous power.
* * * * *
(8) Idle. One minute at flight idle.
* * * * *
8. Amend Sec. 33.88 by removing paragraph (b), redesignating (c)
and (d) as paragraphs (b) and (c), respectively; and revising the text
of the paragraph (a) and the new paragraph (b) to read as follows:
Sec. 33.88 Engine overtemperature test.
(a) In addition to the test requirements for the ratings as
provided in paragraph (b) of this section, each engine must run for 5
minutes at maximum permissible rpm with the gas temperature at least 75
[deg]F (42 [deg]C) higher than the maximum rating's steady-state
operating limit. Following this run, the turbine assembly must be
within serviceable limits.
(b) Each engine for which 30-second OEI and 2-minute OEI ratings
are desired, that incorporates a means for automatic temperature
control within its operating limitations in accordance with Sec.
33.67(d), must run for a period of 4 minutes at the maximum power-on
rpm with the gas temperature at least 35 [deg]F (19 [deg]C) higher than
the maximum operating limit at 30-second OEI rating. Following this
run, the turbine assembly may exhibit distress beyond the limits for an
overtemperature condition provided the engine is shown by analysis or
test, as found necessary by the FAA, to maintain the integrity of the
turbine assembly.
* * * * *
9. Revise Sec. 33.93(b)(2) to read as follows:
Sec. 33.93 Teardown inspection.
* * * * *
(b) * * *
(2) Each engine may exhibit deterioration in excess of that
permitted in paragraph (a)(2) of this section, including some engine
parts or components that may be unsuitable for further use. The
applicant must show by inspection, analysis, test, or by any
combination thereof as found necessary by the FAA, that structural
integrity of the engine is maintained; or
* * * * *
10. Amend Appendix A to part 33 by revising A33.4 to read as
follows:
Appendix A to Part 33--Instructions for Continued Airworthiness
* * * * *
A33.4 AIRWORTHINESS LIMITATIONS SECTION
The Instructions for Continued Airworthiness must contain a
section titled Airworthiness Limitations that is segregated and
clearly distinguishable from the rest of the manual.
(a) For all engines:
(1) The Airworthiness Limitations section must set forth each
mandatory replacement time, inspection interval, and related
procedure required for type certification. If the Instructions for
Continued Airworthiness consist of multiple documents, the section
required under this paragraph must be included in the principal
manual.
(2) This section must contain a legible statement in a prominent
location that reads: ``The Airworthiness Limitations section is FAA
approved and specifies maintenance required under Sec. Sec. 43.16
and 91.403 of Title 14 of the Code of Federal Regulations unless an
alternative program has been FAA approved.''
(b) For rotorcraft engines having 30-second OEI and 2-minute OEI
ratings:
(1) The Airworthiness Limitations section must also prescribe
the mandatory post-flight inspections and maintenance actions
associated with any use of either 30-second OEI or 2-minute OEI
ratings. The applicant must validate the adequacy of these
inspections and maintenance actions; and
(2) The applicant must establish an in-service engine evaluation
program to ensure the continued adequacy of the data for Sec.
33.5(b)(4) pertaining to power availability and the adequacy of the
instructions for mandatory post flight inspection and maintenance
actions. The program must include service engine tests or equivalent
service engine test experience on engines of similar design and
evaluations of service usage of the 30-second OEI or 2-minute OEI
ratings.
Issued in Washington, DC, on April 13, 2007.
John J. Hickey,
Director, Aircraft Certification Service.
[FR Doc. E7-7943 Filed 5-3-07; 8:45 am]
BILLING CODE 4910-13-P